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PUSHPENDRA SINGH BHATI
Bhagwat Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - The petitioner has preferred this criminal revision petition praying that the impugned order dated 02.09.2021 passed by learned Additional Sessions Judge, Jaitaran, District Pali in Criminal Revision No. 12/2021, be set aside, whereby the learned court rejected the application filed under Section 451 Cr.P.C. The vehicle was seized in connection with FIR No. 60/2017 registered at P.S. Raas, for the offence under Sections 420 & 406 of IPC.
2. Learned counsel for the petitioner submits that the vehicle in question could not be released because there was an earlier order releasing the vehicle in favour of finance company i.e. Equitas Small Finance Bank Limited, which was passed by the learned court below.
3. Learned counsel for the petitioner further submits that the financial company is not interested in getting the vehicle released, therefore, after settling the account with the finance company submitted no dues along with application for release of the vehicle. Learned counsel also submits that learned courts below have refused to interfere on the ground that the earlier order regarding releasing of vehicle in favour of finance company is already i
The technicalities should not be a barrier to the release of a seized vehicle if the petitioner has a valid NOC from the finance company, as emphasized in the judgment of the Supreme Court in the cas....
The court can allow the release of seized vehicles to the owner upon furnishing a bank guarantee, relying on relevant legal precedents.
The court can allow the release of seized vehicles on supardaginama upon furnishing a bank guarantee, relying on relevant legal precedents.
The main legal point established is the reliance on the judgment of the Supreme Court in Sunderbhai Ambalal Desai, which emphasizes the release of seized vehicles to their owners and the requirement ....
Sections 451 and 457 of Cr.P.C. which is quoted as Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquir....
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
The court can rely on previous judgments to allow the release of seized property.
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
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